Terms and Conditions

Section 1 Scope and Supplier

(1) These General Terms and Conditions apply to all contracts between Francielly de Araujo Chaves, MOMENTUM, Bornimer Straße 6, Aufgang 2, 10711 Berlin (hereinafter “we”) and our customers concerning the purchase of gift boxes, breakfast baskets and additional products ordered through momentumgiftbox.com, WhatsApp, Instagram or email.

(2) A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any person who, when concluding the transaction, acts in the course of their commercial or self-employed professional activity.

(3) Deviating customer terms do not become part of the contract unless we expressly agree to their validity.

(4) The contractual language is German. Translations are for information only; the German version is authoritative.

Section 2 Conclusion of Contract

(1) The presentation of our products in the online shop and on social media is not a binding offer, but an invitation to place an order.

(2) By placing an order (via the online shop, WhatsApp, Instagram or email), the customer submits a binding offer. The contract is concluded when we expressly confirm the order (by email or WhatsApp) or deliver the box. The order details and these AGB are sent to the customer by email.

(3) Orders must be placed at least 24 hours before the desired delivery or collection date.

(4) The customer is responsible for personalization details (selection of contents, greeting card, dedication) and recipient details (name, address, telephone number). We are not liable for errors in these details.

Section 3 Prices and Payment

(1) All prices are final prices in euros. As a small business under Section 19 UStG, we do not show VAT.

(2) Delivery is free within a radius of up to 20 minutes travel time by public transport from our address (Bornimer Straße 6, 10711 Berlin). Delivery charges apply beyond this distance and will be communicated before conclusion of the contract. There is no minimum order value.

(3) We accept PayPal and bank transfer. Payment must be made in advance (Vorkasse) within the period stated in the order confirmation. We begin preparing the box after payment has been received.

Section 4 Delivery and Collection

(1) We currently deliver exclusively within the city of Berlin and only to the delivery areas defined by us. Current delivery areas and any delivery charges are communicated before conclusion of the contract and are also available on our website. For postcodes outside our delivery areas, collection pursuant to Section 4(4) is available.

(2) The customer selects a delivery window: 09:00–12:00 or 14:00–17:00. We will make reasonable efforts to meet the selected window and will inform the customer promptly in the event of delays.

(3) The box is handed personally to the recipient. If the recipient is not available during the delivery window, we will try to contact them. With the customer's or recipient's consent, the box may be handed to a neighbour or left at an agreed location. If delivery fails for reasons attributable to the customer (e.g. incorrect address or recipient unavailable), we will, provided the goods are still in perfect condition, offer redelivery against reimbursement of the additional delivery costs. The purchase price will not be refunded in this case.

(4) Collection is possible by appointment at our address (Bornimer Straße 6, Aufgang 2, 10711 Berlin). No delivery charges apply.

Section 5 Cancellation and Changes

(1) The customer may cancel or change an order up to 48 hours before the agreed delivery or collection date. Amounts already paid will be refunded in full using the same payment method.

(2) After this deadline, cancellation is excluded and no refund will be made because the goods have already been procured and prepared for the customer. The same applies to orders placed less than 48 hours before the appointment.

(3) Cancellations and changes must be communicated in text form (email or WhatsApp).

(4) Statutory customer rights, in particular rights relating to defects, remain unaffected.

Section 6 Alcoholic Products and Protection of Minors

(1) Certain boxes (e.g. Celebrate) contain alcoholic beverages (sparkling wine). These may only be supplied to persons aged 18 or over (Section 9 JuSchG).

(2) By placing an order, the customer confirms that they are of legal age. We reserve the right to verify age upon delivery. If the recipient's legal age cannot be established, the alcoholic components will not be handed over.

Section 7 Food, Allergens and Shelf Life

(1) Allergen information for our boxes is provided in Annex 1 and on the respective product pages. Before ordering, the customer must inform us of allergies and intolerances of the recipient. Despite the greatest care, traces of other allergens due to cross-contamination cannot be excluded.

(2) Our boxes contain fresh and refrigerated foods (e.g. baked goods, yoghurt, cheese and cold cuts). We recommend opening the box on the day of delivery and promptly refrigerating and consuming fresh products. Manufacturers' best-before and use-by dates must be observed.

(3) Dried flowers and other decorations are not intended for consumption.

(4) If a component is unavailable, we may replace it with an equivalent product (same type, quality and price range), provided this is reasonable for the customer. If the allergens change as a result, we will inform the customer in advance.

Section 8 Right of Withdrawal

Information on the right of withdrawal is provided in our Withdrawal Policy. For boxes assembled or personalised according to the customer's wishes or containing highly perishable foods, there is no statutory right of withdrawal (Section 312g(2) sentence 1 nos. 1 and 2 BGB).

Section 9 Defects and Complaints

(1) Statutory rights relating to defects apply.

(2) Due to the perishable nature of the goods, we ask customers to report obvious defects or transport damage immediately, and no later than the day of delivery, with photos via WhatsApp (+49 179 1680599) or email (info@momentumgiftbox.com). This is not a condition for consumers to exercise their rights, but it facilitates prompt resolution. Section 377 HGB applies to entrepreneurs.

Section 10 Liability

(1) We are fully liable for intent and gross negligence, injury to life, body or health, under the Product Liability Act, and where a guarantee has been assumed.

(2) In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment enables proper performance of the contract and on compliance with which the customer may regularly rely), liability is limited to the foreseeable, contract-typical damage. Otherwise, liability for slight negligence is excluded.

(3) The above limitations of liability also apply for the benefit of our vicarious agents.

Section 11 Data Protection

Information on the processing of personal data is provided in our Privacy Policy.

Section 12 Dispute Resolution

We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration body.

Section 13 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not override mandatory consumer-protection provisions of the country in which the consumer has their habitual residence.

(2) If the customer is an entrepreneur, the exclusive place of jurisdiction is Berlin.

(3) If any provision of these AGB is invalid, the validity of the remaining provisions remains unaffected.

Annex 1 — Allergen Information

Box Unforgettable Momentum M / Lovely Morning M (same composition)

• Gluten: croissants, orange cake, toast, butter pastries
• Eggs: croissants, orange cake, toast, butter pastries
• Milk: croissants, orange cake, toast, cappuccino, yoghurt, butter, cream cheese, cheese, butter pastries
• Tree nuts: hazelnuts (Mini-Nutella), almonds
• Soy: Mini-Nutella; may be present as an additive in salami
• Mustard: salami (often used in curing)
• Sulphites: salami (preservatives E 220–228)

Box Unforgettable Momentum S / Lovely Morning S (same composition)

• Gluten: croissant, toast, granola
• Eggs: croissant
• Milk: croissant, cappuccino, yoghurt, butter, cream cheese, cheese, chocolate coins
• Tree nuts: hazelnuts (Mini-Nutella, chocolate coins), almonds (granola)
• Soy: Mini-Nutella, chocolate slices; may be present in salami
• Mustard: salami
• Sulphites: salami

Box Celebrate

• Sulphites: Freixenet (sparkling wine)
• Milk: pesto with Parmesan, Lindt chocolate, Brie
• Tree nuts: pine nuts (pesto), almonds, possibly hazelnuts (Lindt chocolate)
• Soy: Mini-Nutella, Lindt chocolate
• Gluten: toast
• Mustard and sulphites: salami

Dried flowers are purely decorative and are not intended for consumption.